(1) (a) The general assembly declares that information obtained by public agencies in the course of performing their duties and functions under this title is considered public information under the Colorado Open Records Act, part 2 of article 72 of title 24, C.R.S. The general assembly, however, recognizes that certain information obtained in the course of the implementation of this title is highly sensitive and has an impact on the privacy of children and members of their families. The disclosure of sensitive information carries the risk of stigmatizing children; however, absolute confidentiality of such information may result in duplicated services in some cases, fragmented services in others, and the delivery of ineffective and costly programs and, in some situations, may put other members of the public at risk of harm. In addition, disclosure may result in serving the best interests of the child and may be in the public interest.
(b) Furthermore, the general assembly specifically finds that schools, school districts, and criminal justice agencies attempting to protect children and the public are often frustrated by their lack of ability to exchange information concerning disruptive children who may have experienced disciplinary actions at school or whose actions outside of a school setting may have resulted in contact with local law enforcement. The general assembly finds that schools, school districts, and criminal justice agencies are often better able to assist such disruptive children and to preserve school safety when they are equipped with knowledge concerning a child's history and experiences. The general assembly, however, recognizes that any such sharing of information among and between schools, school districts, and agencies to promote school safety or otherwise to assist disruptive children mandates an awareness of the responsibility on the part of those schools, school districts, and agencies receiving or providing the information that it be used only for its intended and limited purpose as authorized by law and that the confidential nature of the information be preserved. The general assembly finds, therefore, that it is desirable to authorize and encourage open communication among appropriate agencies, including criminal justice agencies, assessment centers for children, school districts, and schools, in order to assist disruptive children and to maintain safe schools.
(c) The general assembly further finds that partners in multi-agency assessment centers for children are often frustrated by their lack of ability to exchange information with each other when attempting to serve children and the public. The general assembly finds that assessment centers for children are better able to assist children when they are equipped with knowledge concerning a child's history and experiences. The general assembly, however, recognizes that any such sharing of information among agencies who are part of a multi-agency assessment center for children mandates an awareness of the responsibility on the part of the agencies receiving or providing the information that it be used only for its intended and limited purpose as authorized by law and that the confidential nature of the information be preserved.
(d) The general assembly recognizes the importance of children receiving support from all responsible parties and further finds that the state child support enforcement agency and the delegate child support enforcement units have a need to exchange information with other state, federal, and local agencies in order to effectively locate responsible parties; establish paternity and child support, including child support debt pursuant to section 14-14-104, C.R.S.; enforce support orders; disburse collected child support payments; and facilitate the efficient and effective delivery of services under articles 13 and 13.5 of title 26, C.R.S. Therefore, the general assembly recognizes that the state child support enforcement agency and the delegate child support enforcement units need access to the records and databases of the judicial department, the contents of which are otherwise protected under the provisions of this part 3. The general assembly, however, recognizes that any such information sharing mandates an awareness of responsibility on the part of the state child support enforcement agency and the delegate child support enforcement units receiving information that it be used only for its intended purposes as authorized by law and in accordance with the provisions of section 26-13-102.7, C.R.S., and that the confidential nature of the information be preserved.
(e) The general assembly recognizes the need to make recommendations to the court concerning the many aspects of a child's legal status, including but not limited to existing court orders on placement of the child, legal custody of the child, and orders of protection. Because the population of this state is transitory, and jurisdictional lines for the purpose of court actions are arbitrary, communication of certain information available electronically on a statewide basis may assist state and county agencies, attorneys representing state or county agencies, and attorneys appointed by the court in making recommendations to the court. The general assembly recognizes that any such sharing of information among agencies, attorneys representing agencies, and attorneys appointed by the court mandates an awareness of the responsibility on the part of these agencies, attorneys representing agencies, and attorneys appointed by the court in receiving and providing the information that it be used only for its intended and limited purpose as authorized by law and that the confidential nature of the information be preserved.
(f) (I) The general assembly further recognizes the need for the command authority of military installations under the United States secretary of defense to receive notice and information regarding any report that is assigned for an assessment by the state department of human services or a county department of known or suspected instances of child abuse or neglect in which the person having care of the child in question is a member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces. The general assembly recognizes the need for the state department of human services and county departments to collect information concerning the military affiliation of the individual having custody or control of a child who is the subject of an investigation of child abuse or neglect.
(II) To further the fulfillment of these needs, the state department of human services and county departments should be able to enter into memorandums of understanding with the command authority of military installations. The memorandums of understanding may establish protocols for the sharing of information related to assessments of known or suspected instances of child abuse or neglect and for collaboration on the oversight of child abuse or neglect investigations involving a member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces.
(III) The general assembly, however, recognizes that any sharing of such information is critical for an awareness of the responsibility of the involved agencies and military installations that receive or provide the information that it be used only for its intended and limited purpose as authorized by law and that the confidential nature of the information must be preserved.
(IV) The general assembly finds, therefore, that it is desirable to authorize and encourage open communication between the state department of human services, county departments, and command authority of military installations to better serve children and families of Colorado.
(2) Therefore, in an effort to balance the best interests of children and the privacy interests of children and their families with the need to share information among service agencies and schools and the need to protect the safety of schools and the public at large, the general assembly enacts the provisions of this part 3.
Source: L. 96: Entire part added with relocations, p. 1156, � 6, effective January 1, 1997. L. 2000: Entire section amended, p. 314, � 1, effective April 7. L. 2003: (1)(d) added, p. 1266, � 55, effective July 1. L. 2008: (1)(e) added, p. 1241, � 3, effective August 5. L. 2009: (1)(a) amended, (SB 09-292), ch. 369, p. 1949, � 35, effective August 5. L. 2017: (1)(f) added, (SB 17-028), ch. 332, p. 1782, � 1, effective August 9.
19-1-303. General provisions - delinquency and dependency and neglect cases - exchange of information - civil penalty - rules - definitions. (1) (a) The judicial department or any agency that performs duties and functions pursuant to this title 19 with respect to juvenile delinquency or dependency and neglect cases or any other provisions of this title 19 may exchange information, to the extent necessary, for the acquisition, provision, oversight, or referral of services and support with the judicial department or any other agency or individual, including a professional representing state or county agencies and an appointed professional, that performs duties and functions pursuant to this title 19 with respect to such cases. In order to receive such information, the judicial department, professional, or agency shall have a need to know for purposes of investigations and case management in the provision of services or the administration of their respective programs. The judicial department or the agencies shall exchange information in accordance with subsection (1)(b) of this section.
(b) The judicial department, an agency, an attorney representing an agency, or an appointed professional described in subsection (1)(a) of this section shall exchange information with the judicial department or similar agencies or individuals who have a need to know to the extent necessary for the acquisition, provision, oversight, and referral of services and support and if provided in the course of an investigation or for case management purposes. The provision of information by the judicial department shall include electronic read-only access to the name index and register of actions for agencies or appointed professionals to those case types necessary to carry out their statutory purpose and the duties of their appointment as provided in this part 3. The state court administrator of the judicial department and the executive directors of the affected agencies shall ensure that there is a process for electronically exchanging information pursuant to this section. Agencies, professionals, and individuals shall maintain the confidentiality of the information obtained.
(c) Nothing in this section shall require the exchange of information that is subject to the attorney-client privilege under section 13-90-107 (1)(b), C.R.S.
(2) (a) School personnel may obtain from the judicial department or agencies described in paragraph (a) of subsection (1) of this section any information required to perform their legal duties and responsibilities. Said personnel shall maintain the confidentiality of the information obtained.
(b) Notwithstanding any other provision of law to the contrary, any criminal justice agency or assessment center for children in the state may share any information or records concerning a specific child who is or will be enrolled as a student at a school with that school's principal or with the principal's designee and, if the student is or will be enrolled at a public school, with the superintendent of the school district in which the student is or will be enrolled or the superintendent's designee as follows:
(I) Any information or records, except mental health or medical records, relating to incidents that, in the discretion of the agency or center, rise to the level of a public safety concern including, but not limited to, any information or records of threats made by the child, any arrest or charging information, any information regarding municipal ordinance violations, and any arrest or charging information relating to acts that, if committed by an adult, would constitute misdemeanors or felonies; or
(II) Any records, except mental health or medical records, of incidents that such agency or center may have concerning the child that, in the discretion of the agency or center, do not rise to the level of a public safety concern but that relate to the adjudication or conviction of a child for a municipal ordinance violation or that relate to the charging, adjudication, deferred prosecution, deferred judgment, or diversion of a child for an act that, if committed by an adult, would have constituted a misdemeanor or a felony.
(c) Notwithstanding any other provision of law to the contrary, a criminal justice agency investigating a criminal matter or a matter under the School Attendance Law of 1963, part 1 of article 33 of title 22, C.R.S., concerning a child may seek disciplinary and truancy information from the principal of a school, or the principal's designee, at which the child is or will be enrolled as a student and, if the student is enrolled in a public school, from the superintendent of the school district in which the student is enrolled, or such superintendent's designee. Upon written certification by the criminal justice agency that the information will not be disclosed to any other party, except as specifically authorized or required by law, without the prior written consent of the child's parent, either the principal of the school in which the child is enrolled, or such principal's designee, or, if the student is enrolled in a public school, the superintendent of the school district in which the student is enrolled, or such superintendent's designee, shall provide the child's attendance and disciplinary records to the requesting criminal justice agency. The criminal justice agency receiving such information shall use it only for the performance of its legal duties and responsibilities and shall maintain the confidentiality of the information received.
(d) School and school district personnel receiving information pursuant to this subsection (2) shall use it only in the performance of their legal duties and responsibilities and shall otherwise maintain the confidentiality of the information received. Any information received by a school or a school district pursuant to this subsection (2) that is shared with another school or a school district to which a student may be transferring shall only be shared in compliance with the requirements of federal law.
(2.5) (a) Notwithstanding any other provision of law to the contrary and in addition to the provisions of subsections (1) and (2) of this section, assessment centers for children and the agencies, other than schools and school districts, participating in the local assessment centers for children are authorized to provide and share information, except for mental health or medical records and information, with each other, without the necessity of signed releases, concerning children who have been taken into temporary custody by law enforcement or who have been referred to the assessment center for children for case management purposes. Agencies shall have annually updated signed agreements with assessment centers for children to be considered a participating agency.
(b) For purposes of sharing information pursuant to this subsection (2.5) only, mental health or medical records and information does not include the standardized behavioral or mental health disorder screening. An assessment center that conducts a standardized behavioral or mental health disorder screening on a child who has been taken into temporary custody by law enforcement or has been referred to the assessment center for children for case management purposes may share the results of such screening, without the necessity of a signed release, with the agencies, other than schools and school districts, participating in the assessment center for children. To receive the results of the standardized behavioral or mental health disorder screening, a participating agency must have a need to know for purposes of investigations and case management in the administration of its respective programs. Any participating agency receiving such information shall use it only for the performance of its legal duties and responsibilities and shall maintain the confidentiality of the information received, except as may be required pursuant to rule 16 of the Colorado rules of criminal procedure.
(2.6) (a) The state department of human services and county departments:
(I) Shall collect information concerning the military affiliation of any person who has custody or control of a child who is the subject of an investigation of child abuse or neglect;
(II) Shall provide notice and information to the command authority of military installations under the United States secretary of defense regarding any report received of known or suspected instances of child abuse or neglect that is assigned for an assessment and in which the person having custody or control of the child is a member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces assigned to that military installation; and
(III) May enter into memorandums of understanding with the command authority of military installations establishing protocols for the sharing of information and for collaboration on the oversight of investigations involving a member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces. The military installation receiving information shall ensure it is used only for its intended and limited purpose as authorized by law and that the confidential nature of the information is preserved.
(b) The state board of human services may promulgate any rules necessary for the implementation of this subsection (2.6).
(2.7) (a) Upon the receipt of written notice sent by a foster parent, employees of the department of human services and of county departments, or other individuals with a need to know, shall be prohibited from releasing personally identifiable information about a foster parent, other than the foster parent's first name, to any adult member of the foster child's family, unless the foster parent subsequently provides his or her express written consent for the release of the information. The consent may consist of a hand-written note by the foster parent specifying the foster child's name, the consent for release of information to the foster child's family, the foster parent's signature, and the date. The consent shall be given individually for each foster child, unless the foster children are members of a sibling group.
(b) The civil penalty described in subsection (4.7) of this section shall not apply to any foster child or siblings of the foster child.
(3) and (4) (Deleted by amendment, L. 2000, p. 315, � 2, effective April 7, 2000.)
(4.3) School and school district personnel, employees of the state judicial department, employees of state agencies, employees of criminal justice agencies, and employees of assessment centers for children who share information concerning a child pursuant to this part 3 shall be immune from civil and criminal liability if such personnel or employee acted in good faith compliance with the provisions of this part 3.
(4.4) The judicial department, with respect to dependency or neglect cases or any other provisions under this title, shall exchange information, to the extent necessary, with the state child support enforcement agency and the delegate child support enforcement units for the purposes of effectively locating responsible parties, establishing paternity and child support, including child support debt pursuant to section 14-14-104, C.R.S., enforcing support orders, disbursing collected child support payments, and facilitating the efficient and effective delivery of services under articles 13 and 13.5 of title 26, C.R.S.
(4.7) Any person who knowingly violates the confidentiality provisions of this section shall be subject to a civil penalty of up to one thousand dollars.
(5) The provisions of this section are in addition to and not in lieu of other statutory provisions of law pertaining to the release of information. Access to or exchange of information not otherwise addressed by this section is governed as otherwise provided by law.
(6) For purposes of this section:
(a) Assessment center for children is defined in section 19-1-103 (13).
(a.1) Case management purposes is defined in section 19-1-103 (19).
(a.3) Criminal justice agency is defined in section 19-1-103 (48).
(b) Need to know is defined in section 19-1-103 (99).
(c) School is defined in section 19-1-103 (123).
(7) This section shall be interpreted to promote the best interests of the child and, where possible, the child's family.
(8) to (10) (Deleted by amendment, L. 2008, p. 1242, � 4, effective August 5, 2008.)
(11) (a) The judicial department or any agency described in subsection (1)(a) of this section may provide a prospective foster parent, relative, or kin caregiver, as defined by rule of the department of human services, or a foster parent who is responsible for the health or welfare of a foster child named in a report who is residing in the foster parent's home, with information that is necessary to meet the foster child's physical, mental, emotional, behavioral, and other identified trauma needs.
(b) The information described in subsection (11)(a) of this section is only information directly relevant to meeting the foster child's physical, mental, emotional, behavioral, and other identified trauma needs, and includes, but is not limited to, the following:
(I) A foster child's educational records;
(II) Relevant information in the family services plan to meet the safety, permanency, and well-being needs of the foster child, including any safety issues that impact the foster parent's ability to parent the foster child;
(III) Circumstances related to the removal of the foster child from his or her home; and
(IV) Youth placement history, including safety concerns and reasons for unplanned placement moves.
(c) Mental health and medical records of a child may be released pursuant to this subsection (11), subject to any privilege recognized or governed by state or federal law.
(d) The foster parent, relative, or kin caregiver shall maintain the confidentiality of any information obtained pursuant to this subsection (11).
Source: L. 96: Entire part added with relocations, p. 1156, � 6, effective January 1, 1997. L. 2000: Entire section amended, p. 315, � 2, effective April 7. L. 2001: (2)(c) amended, p. 870, � 1, effective June 1. L. 2002: (2.5) amended, p. 575, � 5, effective May 24. L. 2003: (4.4) added, p. 1267, � 56, effective July 1. L. 2004: (2.7) added, p. 973, � 2, effective August 4. L. 2007: (8), (9), and (10) added, p. 1300, � 1, effective July 1. L. 2008: (1), (8), (9), and (10) amended, p. 1242, � 4, effective August 5. L. 2016: (5) amended, (HB 16-1098), ch. 103, p. 297, � 1, effective April 15. L. 2017: (2.5)(b) amended, (SB 17-242), ch. 263, p. 1309, � 151, effective May 25; (2.6) added, (SB 17-028), ch. 332, p. 1783, � 2, effective August 9. L. 2018: (11) added, (HB 18-1348), ch. 325, p. 1960, � 1, effective May 30. L. 2022: (6)(a), (6)(a.1), (6)(a.3), (6)(b), and (6)(c) amended, (SB 22-212), ch. 421, p. 2971, � 35, effective August 10. L. 2023: (11)(a) and (11)(d) amended, (HB 23-1024), ch. 367, p. 2205, � 2, effective August 7. L. 2025: (1)(a) and (1)(b) amended, (SB 25-239), ch. 142, p. 536, � 2, effective August 6.
Editor's note: Subsection (6)(c) was originally enacted as subsection (6)(a.7) in House Bill 00-1119 but was renumbered on revision in 2003 for ease of location.
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 23-1024, see section 1 of chapter 367, Session Laws of Colorado 2023.
19-1-304. Juvenile delinquency records - division of youth services critical incident information - definitions. (1) (a) Court records - open. Except as provided in subsection (1)(b.5) of this section, court records in juvenile delinquency proceedings or proceedings concerning a juvenile charged with the violation of any municipal ordinance except a traffic ordinance are open to inspection to the following persons without court order:
(I) The juvenile named in said record;
(II) The juvenile's parent, guardian, legal custodian, or attorney;
(III) Any attorney of record;
(IV) The juvenile's guardian ad litem or counsel for youth;
(V) The juvenile probation department and the adult probation department for purposes of a presentence investigation and the preparation of a presentence report as described in section 16-11-102 (1)(a), C.R.S.;
(VI) Any agency to which legal custody of the juvenile has been transferred;
(VII) Any law enforcement agency or police department in the state of Colorado;
(VII.5) The Colorado bureau of investigation for purposes of conducting a criminal background investigation relating to authorization of a firearm purchase;
(VIII) A court which has jurisdiction over a juvenile or domestic action in which the juvenile is named;
(IX) Any attorney of record in a juvenile or domestic action in which the juvenile is named;
(X) The state department of human services;
(XI) Any person conducting an evaluation pursuant to section 14-10-127, C.R.S.;
(XII) All members of a child protection team, if one exists pursuant to section 19-3-308 (6)(a);
(XIII) Any person or agency for research purposes, if all of the following conditions are met:
(A) The person or agency conducting the research is employed by the state of Colorado or is under contract with the state of Colorado and is authorized by the department of human services to conduct the research; except that the department of public safety is not required to obtain prior authorization from the department of human services for purposes of this subsection (1)(a)(XIII);
(B) The person or agency conducting the research ensures that all documents containing identifying information are maintained in secure locations and access to such documents by unauthorized persons is prohibited; that no identifying information is included in documents generated from the research conducted; and that all identifying information is deleted from documents used in the research when the research is completed; and
(C) Any data released must only be in aggregate form;
(XIV) The victim and the complaining party, if different, identified in the court file;
(XV) The department of corrections for aid in determinations of recommended treatment, visitation approval, and supervised conditions;
(XVI) The principal, or the principal's designee, of a school in which the juvenile is or will be enrolled as a student and, if the student is or will be enrolled in a public school, to the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee;
(XVII) The department of education when acting pursuant to section 22-2-119, C.R.S., or pursuant to the Colorado Educator Licensing Act of 1991, article 60.5 of title 22, C.R.S.
(b) Court records - limited. With consent of the court, records of court proceedings in delinquency cases may be inspected by any other person having a legitimate interest in the proceedings.
(b.5) Arrest and criminal records - certain juveniles - public access - information limited. The public has access to information reporting the arrest or other formal filing of charges against a juvenile; the identity of the criminal justice agency taking such official action relative to an accused juvenile; the date and place that such official action was taken relative to an accused juvenile; the nature of the charges brought or the offenses alleged; and one or more dispositions relating to the charges brought against an accused juvenile, when this information:
(I) Is in the custody of the investigating law enforcement agency, the agency responsible for filing a petition against the juvenile, and the court; and
(II) Concerns a juvenile who:
(A) Is adjudicated a juvenile delinquent or is subject to a revocation of probation for committing the crime of possession of a handgun by a juvenile or for committing an act that would constitute a class 1, 2, 3, or 4 felony or would constitute any crime that involves the use or possession of a weapon if such act were committed by an adult; or
(B) Is charged with the commission of any act described in sub-subparagraph (A) of this subparagraph (II).
(b.7) The information that is open to the public pursuant to subsection (1)(b.5) of this section regarding a juvenile who is charged with the commission of a delinquent act shall not include records of investigation as such records are described in section 24-72-305 (5). In addition, any psychological profile of any such juvenile, any intelligence test results for any such juvenile, or any information regarding whether such juvenile has been sexually abused is not open to the public unless released by an order of the court. The information that is open to the public pursuant to subsection (1)(b.5) of this section regarding a juvenile who is charged with a delinquent act shall not include the juvenile's name, birth date, or photograph.
(b.8) The court shall report the final disposition concerning a juvenile who has been adjudicated a juvenile delinquent to the Colorado bureau of investigation in a form that is electronically consistent with applicable law. The report must be made within seventy-two hours after the final disposition; except that the time period shall not include Saturdays, Sundays, or legal holidays. The report must include the disposition of each charge and the court case number, and the Colorado bureau of investigation shall reflect any change of status but shall not delete or eliminate information concerning the original charge. Colorado bureau of investigation records regarding juvenile offenses are not open to the public.
(c) Probation records - limited access. Except as otherwise authorized by section 19-1-303, a juvenile probation officer's records, whether or not part of the court file, are not open to inspection except as provided in subsection (1)(c)(I) to (1)(c)(XI) of this section:
(I) To persons who have the consent of the court;
(II) To law enforcement officers, as defined in section 19-1-103 (93), and to fire investigators, as defined in section 19-1-103 (65). The inspection shall be limited to the following information:
(A) Basic identification information as defined in section 24-72-302 (2), C.R.S.;
(B) Details of the offense and delinquent acts charged;
(C) Restitution information;
(D) Juvenile record;
(E) Probation officer's assessment and recommendations;
(F) Conviction or plea and plea agreement, if any;
(G) Sentencing information; and
(H) Summary of behavior while the juvenile was in detention, if any;
(II.5) To the Colorado bureau of investigation for purposes of conducting a criminal background investigation relating to authorization of a firearm purchase. The inspection shall be limited to the information identified in sub-subparagraphs (A) to (H) of subparagraph (II) of this paragraph (c).
(III) To a court which has jurisdiction over a juvenile or domestic action in which the juvenile is named;
(IV) To any attorney of record in a juvenile or domestic action in which the juvenile is named;
(V) To the state department of human services;
(VI) To any person conducting an evaluation pursuant to section 14-10-127, C.R.S.;
(VII) To all members of a child protection team, if one exists pursuant to section 19-3-308 (6)(a);
(VII.5) To the juvenile named in the record;
(VIII) To the juvenile's parent, guardian, legal custodian, or attorney;
(IX) To the juvenile's guardian ad litem or counsel for youth;
(X) To the principal of a school, or such principal's designee, in which the juvenile is or will be enrolled as a student and, if the student is or will be enrolled in a public school, to the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee; or
(XI) To the department of education when acting pursuant to section 22-2-119, C.R.S., or pursuant to the Colorado Educator Licensing Act of 1991, article 60.5 of title 22, C.R.S.
(d) Social and clinical studies - closed - court authorization. Except as otherwise authorized by section 19-1-303, any social and clinical studies, including all formal evaluations of the juvenile completed by a professional, whether or not part of the court file or any other record, are not open to inspection, except:
(I) To the juvenile named in the record;
(II) To the juvenile's parent, guardian, legal custodian, or attorney; or
(III) By order of the court, upon a finding of a legitimate interest in and need to review the social and clinical studies.
(2) (a) Law enforcement records in general - closed. Except as otherwise provided by subsection (1)(b.5) of this section and otherwise authorized by section 19-1-303, the records of law enforcement officers concerning juveniles, including identifying information, must be identified as juvenile records and must not be inspected by or disclosed to the public, except:
(I) To the juvenile and the juvenile's parent, guardian, legal custodian, or attorney;
(II) To other law enforcement agencies and to fire investigators, as defined in section 19-1-103 (65), who have a legitimate need for such information;
(II.5) To the Colorado bureau of investigation for purposes of conducting a criminal background investigation relating to authorization of a firearm purchase;
(III) To the victim and the complaining party, if different, in each case after authorization by the district attorney or prosecuting attorney;
(IV) When the juvenile has escaped from an institution to which such juvenile has been committed;
(V) When the court orders that the juvenile be tried as an adult criminal;
(VI) When there has been an adult criminal conviction and a presentence investigation has been ordered by the court;
(VII) By order of the court;
(VIII) To a court which has jurisdiction over a juvenile or domestic action in which the juvenile is named;
(IX) To any attorney of record in a juvenile or domestic action in which the juvenile is named;
(X) To the state department of human services;
(XI) To any person conducting an evaluation pursuant to section 14-10-127, C.R.S.;
(XII) To all members of a child protection team, if one exists pursuant to section 19-3-308 (6)(a);
(XIII) To the juvenile's guardian ad litem or counsel for youth;
(XIV) To any person or agency for research purposes, if all of the following conditions are met:
(A) The person or agency conducting such research is employed by the state of Colorado or is under contract with the state of Colorado and is authorized by the department of human services to conduct such research; except that the department of public safety does not need to obtain prior authorization from the department of human services for the purposes of this subsection (2)(a)(XIV)(A); and
(B) The person or agency conducting the research ensures that all documents containing identifying information are maintained in secure locations and access to such documents by unauthorized persons is prohibited; that no identifying information is included in documents generated from the research conducted; and that all identifying information is deleted from documents used in the research when the research is completed;
(XV) To the principal of a school, or such principal's designee, in which the juvenile is or will be enrolled as a student and, if the student is or will be enrolled in a public school, to the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee;
(XVI) To assessment centers for children;
(XVII) To the department of education when acting pursuant to section 22-2-119, C.R.S., or pursuant to the Colorado Educator Licensing Act of 1991, article 60.5 of title 22, C.R.S.
(b) The fingerprints, photograph, name, address, and other identifying information regarding a juvenile may be transmitted to the Colorado bureau of investigation to assist in any apprehension or investigation and for purposes of conducting a criminal background investigation relating to authorization of a firearm purchase.
(2.5) Parole records. Parole records are open to inspection by the principal of a school, or such principal's designee, in which the juvenile is or will be enrolled as a student and, if the student is or will be enrolled in a public school, by the superintendent of the school district in which the student is or will be enrolled, or such superintendent's designee. Parole records are also open to inspection by assessment centers for children and by the juvenile named in the record and the juvenile's parent, guardian, legal custodian, or attorney.
(3) Prior to adjudication, the defense counsel, the district attorney, the prosecuting attorney, or any other party to a pending delinquency petition with consent of the court must have access to records of any proceedings pursuant to this title 19, except as provided in section 19-1-309, which involve a juvenile against whom criminal or delinquency charges have been filed. No new criminal or delinquency charges against such juvenile may be brought based upon information gained initially or solely from such examination of records.
(4) For the purpose of making recommendations concerning sentencing after an adjudication of delinquency, the defense counsel and the district attorney or prosecuting attorney shall have access to records of any proceedings involving the adjudicated juvenile pursuant to this title, except as provided in sections 19-1-307, 19-1-308, and 19-1-309. No new criminal or delinquency charges against the adjudicated juvenile shall be brought based upon information gained initially or solely from such examination of records.
(5) Direct filings - arrest and criminal records open. Whenever a petition filed in juvenile court alleges that a juvenile between the ages of twelve to eighteen years has committed an offense that would constitute unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., or a crime of violence, as defined in section 18-1.3-406, C.R.S., if committed by an adult or whenever charges filed in district court allege that a juvenile has committed such an offense, then the arrest and criminal records information, as defined in section 24-72-302 (1), C.R.S., and including a juvenile's physical description, concerning such juvenile shall be made available to the public. The information is available only from the investigative law enforcement agency, the agency responsible for filing a petition, and the court, and shall not include records of investigation as such records are described in section 24-72-305 (5), C.R.S. Basic identification information, as defined in section 24-72-302 (2), C.R.S., along with the details of the alleged delinquent act or offense, shall be provided immediately to the school district in which the juvenile is enrolled. Such information shall be used by the board of education for purposes of section 22-33-105 (5), C.R.S., but information made available to the school district and not otherwise available to the public shall remain confidential.
(5.5) Whenever a petition is filed in juvenile court alleging a class 1, class 2, class 3, or class 4 felony; a level 1, level 2, or level 3 drug felony; an offense involving unlawful sexual behavior as defined in section 16-22-102; a crime of violence as described in section 18-1.3-406; a burglary offense as described in part 2 of article 4 of title 18; felony menacing, in violation of section 18-3-206; harassment, in violation of section 18-9-111; fourth degree arson, in violation of section 18-4-105; motor vehicle theft, in violation of section 18-4-409; hazing, in violation of section 18-9-124; or possession of a handgun by a juvenile, in violation of section 18-12-108.5, or when a petition is filed in juvenile court in which the alleged victim of the crime is a student or staff person in the same school as the juvenile or in which it is alleged that the juvenile possessed a deadly weapon during the commission of the alleged crime, the prosecuting attorney, within three working days after the petition is filed, shall make good faith reasonable efforts to notify the principal of the school in which the juvenile is enrolled and shall provide such principal with the arrest and criminal records information, as defined in section 24-72-302. In the event the prosecuting attorney, in good faith, is not able to either identify the school that the juvenile attends or contact the principal of the juvenile's school, then the prosecuting attorney shall contact the superintendent of the juvenile's school district.
(6) The department of human services shall release to the committing court, the prosecuting attorney, the Colorado bureau of investigation, and local law enforcement agencies basic identification information as defined in section 24-72-302 (2) concerning any juvenile released or released to parole supervision or any juvenile who escapes. This information is not open to the public.
(7) In addition to the persons who have access to court records pursuant to subsection (1)(a) of this section, statewide electronic read-only access to the name index and register of actions of the judicial department must be allowed to the following agencies or persons:
(a) County departments, as defined in section 19-1-103 (43), and attorneys who represent the county departments as county attorneys, as defined in section 19-1-103 (42), as it relates to the attorneys' work representing the county;
(b) The office of the state public defender, created in section 21-1-101, C.R.S.;
(c) Professionals under contract with the office of the child's representative, created in section 13-91-104, or authorized by the office of the child's representative to act as a guardian ad litem, or a professional under contract or employed by the office of the child's representative, as it relates to a case in which the attorney is appointed;
(d) Professionals under contract with the office of alternate defense counsel, created in section 21-2-101, as it relates to a case in which the attorney is appointed;
(e) A professional under contract with the office of the respondent parents' counsel, created in section 13-92-103, or authorized by the office of the respondent parents' counsel to act as a respondent parent's counsel, as it relates to a case in which the attorney is appointed; and
(f) A licensed attorney working with a nonprofit association providing free legal assistance as it relates to screening an applicant for eligibility for free services or to a case in which the organization has entered an appearance to provide free representation, if the office of the alternate defense counsel agrees to monitor the attorney's use of the electronic name index and register of actions.
(8) Division of youth services critical incident information. (a) For the purposes of this subsection (8), critical incident means any of the following:
(I) An intentional physical or sexual act of aggression that:
(A) Causes or attempts to cause serious bodily injury;
(B) Causes bodily injury that requires only first aid or lesser attention; or
(C) Causes no bodily injury;
(II) Unauthorized physical or sexual contact caused through recklessness or negligence, where physical or sexual harm was not intended; or
(III) An attempt to harm or gain power by blows or with weapons.
(b) The department of human services, the division of youth services, or any agency with relevant information shall release the following information related to any critical incident, or aggregate of critical incidents, that occurred in a facility operated by the division of youth services upon request so long as the disclosing agency, except as described in subsection (8)(b)(V) of this section, redacts any identifying information, any information concerning security procedures or protocols, and any information that would jeopardize the safety of the community, youths, or staff:
(I) The type of critical incident that occurred or a summary of types of critical incidents that have occurred within a given time frame;
(II) A summary of whether the number and types of critical incidents are increasing or decreasing in frequency and severity;
(III) On average, how many of the youth have been involved in multiple critical incidents and the average length of detainment;
(IV) A summary of responses to critical incidents by the facility involved, such as de-escalation or typical consequence imposed; and
(V) A summary of any critical incident that has occurred, which summary must include a summary of any use of force on a youth, including any physical-management techniques or restraints utilized and any seclusion of a youth. The division shall not redact the information other than to protect the personal identifying information of any individual.
(c) The division of youth services, the department of human services, or any agency with relevant information related to a critical incident shall provide redacted records related to the critical incident, provided confidentiality is maintained. The division may charge a fee in accordance with section 24-72-205.
(d) The division of youth services may release to the public information at any time to correct inaccurate information pertaining to the critical incident that was reported in the news media, so long as the release of information by the division protects the confidentiality of any youth involved; is not explicitly in conflict with federal law; is not contrary to the best interest of the child who is the subject of the report, or his or her siblings; is in the public's best interest; and is consistent with the federal CAPTA Reauthorization Act of 2010, Pub.L. 111-320.
(e) Except as otherwise authorized by section 19-1-303, all records prepared or obtained by the department of human services in the course of carrying out its duties pursuant to article 2.5 of this title 19 are confidential and privileged.
Source: L. 96: Entire part added with relocations, p. 1158, � 6, effective January 1, 1997; (1)(a)(XV) added, p. 1587, � 15, effective January 1, 1997. L. 98: (1)(a)(XI), (1)(c)(VI), and (2)(a)(XI) amended, p. 1407, � 66, effective February 1, 1999. L. 99: (1)(a)(V) amended, p. 316, � 5, effective July 1; (5) amended, p. 1144, � 1, effective July 1. L. 2000: (1)(b.8) added, p. 12, � 5, effective March 7; (1)(a)(VII.5), (1)(c)(II.5), and (2)(a)(II.5) added and (2)(b) amended, pp. 226, 227, �� 1, 2, 3, 4, effective March 29; (1)(a)(XVI), (1)(c)(X), (2)(a)(XV), (2)(a)(XVI), and (2.5) added and IP(1)(c) and (5) amended, pp. 319, 320, �� 3, 4, 5, 6, 9, effective April 7; (1)(a)(XVI), (1)(c)(X), and (5.5) added and IP(1)(c) amended, pp. 1964, 1965, �� 6, 7, 8, effective June 2. L. 2001: (5.5) amended, p. 138, � 3, effective July 1. L. 2002: (5) amended, p. 1187, � 23, effective July 1; (5) amended, p. 1522, � 222, effective October 1. L. 2003: (1)(c)(II.5) amended, p. 1991, � 33, effective May 22. L. 2008: (1)(a)(XVII), (1)(c)(XI), and (2)(a)(XVII) added and IP(1)(c), (1)(c)(IX), and (1)(c)(X) amended, pp. 1667, 1668, �� 10, 11, 12, effective May 29; (7) added, p. 1243, � 5, effective August 5. L. 2015: (8) added, (HB 15-1131), ch. 164, p. 499, � 2, effective May 8. L. 2016: IP(1)(a) and (1)(a)(XIII) amended, (HB 16-1098), ch. 103, p. 297, � 2, effective April 15; IP(7) and (7)(e) amended, (HB 16-1193), ch. 81, p. 207, � 2, effective July 1. L. 2017: IP(8)(b), (8)(b)(V), (8)(c), and (8)(d) amended, (HB 17-1329), ch. 381, p. 1965, � 6, effective June 6; IP(1)(a), (1)(a)(XII), IP(1)(c), (1)(c)(VII), IP(2)(a), and (2)(a)(XII) amended, (SB 17-016), ch. 107, p. 391, � 3, effective August 9; IP(1)(a), (1)(a)(II), (1)(a)(XIII)(A), IP(1)(b.5), (1)(b.7), (1)(b.8), IP(1)(c), (1)(c)(VIII), (1)(d), IP(2)(a), (2)(a)(I), (2)(a)(XIV)(A), (2.5), (3), (5.5), (6), IP(7), (7)(d), and (7)(e) amended and (1)(c)(VII.5) and (7)(f) added, (HB 17-1204), ch. 206, p. 771, � 1, effective November 1. L. 2021: (8)(e) amended, (SB 21-059), ch. 136, p. 729, � 69, effective October 1. L. 2022: IP(1)(c)(II) and (2)(a)(II) amended, (SB 22-212), ch. 421, p. 2971, � 36, effective August 10; (1)(a)(IV), (1)(c)(IX), (2)(a)(XIII), and (7)(c) amended, (HB 22-1038), ch. 92, p. 439, � 18, effective January 9, 2023. L. 2023: (5.5) amended, (SB 23-097), ch. 309, p. 1889, � 4, effective July 1. L. 2025: (7)(c), (7)(d), and (7)(e) amended, (SB 25-239), ch. 142, p. 536, � 3, effective August 6.
Editor's note: (1) This section was formerly numbered as � 19-1-119.
(2) Amendments to subsection (1)(a)(XVI) by Senate Bill 00-133 and House Bill 00-1119 were harmonized.
(3) (a) Amendments to the introductory portion to subsection (1)(c) by Senate Bill 00-133 and House Bill 00-1119 were harmonized.
(b) Subsection (1)(c)(XI) as enacted by Senate Bill 00-133 was renumbered as (1)(c)(X) and harmonized with subsection (1)(c)(X) as enacted by House Bill 00-1119.
(4) Amendments to subsection (5) by House Bill 02-1046 and Senate Bill 02-010 were harmonized.
(5) Subsection (7) was originally numbered as (8.5) in House Bill 08-1264 but has been renumbered on revision for ease of location.
(6) Amendments to subsection IP(2)(a) by SB 17-016 and HB 17-1204 were harmonized, effective November 1, 2017.
Cross references: For the legislative declaration contained in the 2000 act enacting subsection (1)(b.8), see section 1 of chapter 5, Session Laws of Colorado 2000. For the legislative declaration contained in the 2002 act amending subsection (5), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.